Gov.'s lawyers want U.S. attorney removed

January 08, 2009

Lawyers for Gov. Rod Blagojevich have filed a sealed motion to remove U.S. Atty. Patrick Fitzgerald and his assistants from prosecution of the case against the governor, a federal judge disclosed today.

U.S. District Chief Judge James Holderman ordered the defense today to file that motion publicly.

After today's court session, Sheldon Sorosky, a Blagojevich lawyer, said the defense wanted Fitzgerald's removed "because of the statements made in the announcement of the arrest of Gov. Blagojevich."

Sorosky was asked if the defense believed Fitzgerald used inflammatory language in the announcement. "The motion speaks for itself," Sorosky said.

During the hearing, Assistant U.S. Atty. Edmond Chang called the motion "meritless."

At a news conference on the day of the governor's arrest, Fitzgerald opened by saying, "This is a sad day for government. It's a sad day for Illinois government. Gov. Blagojevich has taken us to a truly new low, what we can only describe as a political corruption crime spree."

Fitzgerald went on to lay out the allegations against the governor in detail, and referred to the governor's use of profanity caught on secret recording. Fitzgerald used "bleeping" in place of the profanities he said the governor used, at one point saying: "And the bleeps are not really bleeps."

Fitzgerald also said the alleged attempt by the governor to sell President-elect Barack Obama's Senate seat would "make Lincoln roll over in his grave."

Also today, Holderman gave defense lawyers until Jan. 23 to file objections to releasing undercover wiretap recordings to a House panel exploring the governor's impeachment.

Holderman set the matter over until that same day with the hope that the tapes could still be delivered quickly to the legislators.

Michael Kasper, a lawyer for the House committee, told the judge that the Illinois Senate has slated an impeachment proceeding to begin Jan. 25.